Emergency_and_Temporary_Heating_Ventilation_Air_Conditioning_(HVAC)_Equipment_Rental_and_Installation.pdf

INVITATION FOR BIDS

Y25-112

EMERGENCY AND TEMPORARY HEATING VENTILATION AIR

CONDITIONING (HVAC) EQUIPMENT RENTAL AND INSTALLATION

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: November 5, 2024

DEADLINE FOR QUESTIONS: November 15, 2024, 5:00 pm

RESPONSE DEADLINE: December 10, 2024, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Orange County, Florida

INVITATION FOR BIDS

Emergency and Temporary Heating Ventilation Air Conditioning (HVAC)

Equipment Rental and Installation

I. Introduction & Submittal Instructions II. Solicitation Terms & Conditions

III. Scope of Services / Specifications IV. Insurance Requirements V. Contract Terms and Conditions

VI. Federal Contract Terms and Conditions VII. Special Terms and Conditions

VIII. Bid Response Form (Submittal) IX. Fee Schedule X. Required Contract

Invitation for Bids #Y25-112 Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed offers for Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment

Rental and Installation (Y25-112)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Tuesday, December 10, 2024.

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated

OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The County is ONLY accepting electronic submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login . Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic offer.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The County shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com

Phone: 1 (650) 336-7167 Hours: Mon-Fri 7am - 10pm EST

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Friday, November 15, 2024 at 5:00 pm EST. Respondents are instructed not to contact the initiating division directly.

https://procurement.opengov.com/login

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other Contract documents shall be considered binding. The

County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division.

Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email melisa.vergara@ocfl.net. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

1.2. Background

Orange County exercises the rights and privileges conveyed to it by the State of Florida, and the Orange

County Charter. It presently operates with an elected chief executive officer, Orange County Mayor, and six elected district commissioners, who together comprise the Board of County Commissioners.

Procurement is an essential function of the County, affecting all operational departments, ongoing projects and future initiatives. The Procurement Division is divided into three (3) Sections, the “Buying

Section”, the “Purchasing Section” and the “Contracts Section”.

The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-

CPP, CFCM, CPPO, CPPB as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Melisa Vergara

Contracting Agent

Email: melisa.vergara@ocfl.net

Phone: (407) 836-5405

Department:

Administrative Svcs., Procurement Division mailto:melisa.vergara@ocfl.net tel:(407)836-5405

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

1.4. Timeline

Release Project Date November 5, 2024

Question Submission Deadline November 15, 2024, 5:00pm

Submission Deadline December 10, 2024, 4:00pm

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

2. Solicitation Terms & Conditions

2.1. Contract Award

Award shall be made on an all-or-none total (or estimated total) basis to the lowest responsive and responsible Respondent.

Failure to provide pricing for ALL line items shall render the response non-responsive.

2.2. License, Certification and Authorization

Respondent shall provide copies of all applicable licenses, certifications and authorizations required to lawfully perform the proposed work.

2.3. Contract Term

The Contract resulting from this solicitation shall commence effective upon execution by both parties and shall specify a performance period of five (5) years. For the duration of the contract, any changes in the terms and conditions shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties.

2.4. Bid Acceptance Period (Grant Funded)

A bid shall constitute an irrevocable offer for a period of one hundred twenty (120) days from the public opening date or until the date of award. In the event that an award is not made by the County within one hundred twenty (120) days from the public opening date, the respondent may withdraw their offer or provide a written extension without modification.

2.5. Proprietary/Restrictive Specifications

If a prospective respondent considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement

Division prior to the question submission deadline. Specifications which are unrelated to performance will be considered for deletion via addendum to this solicitation.

2.6. Development or Assistance with Specifications /Requirements /Statements of Work

Firms or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or documents contained within this Solicitation are excluded from competing for this Solicitation.

This shall not be applicable to firms or individuals providing responses to a publicly posted Request for

Information (RFI) associated with this Solicitation.

2.7. Laws and Regulations

The Respondent's attention is directed to the fact that all applicable Federal and State laws, municipal and county ordinances, and the rules and regulations of all authorities having jurisdiction over any part

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation of the project shall apply to the Contract throughout, and they will be deemed to be included in the

Contract the same as though herein written.

Respondents are hereby provided notice of the provisions of Section 287.05701, Florida Statutes

2.8. Federal Requirements

See #Federal Contract Terms and Conditions section of this solicitation for additional Solicitation Terms and Contract Terms.

2.9. No Reciprocal Preference

The County's option to award a reciprocal preference, provided in the Orange County Code of

Ordinances, Sec. 17-310, Competitive sealed bid process, is waived and shall not be applicable to this solicitation award.

2.10. Price/Delivery

Price(s) offered must be the price(s) for new goods, unless otherwise specified. Any offers containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

“Acceptance” as herein used means the acceptance by Orange County after the Manager, Procurement

Division or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications.

Deliveries resulting from this offer are to be performed during the normal working hours of the

County. Time is of the essence and the Contractor’s delivery date must be specified and adhered to.

Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor shall be required to compensate the County for the difference in price paid for the alternate goods. The Contractor shall be responsible for making any and all claims against carriers for missing or damage goods. Partial shipments will be acceptable unless otherwise stated.

2.11. Federal and State Tax

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property

(Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida

Sales/Use Tax Exemption Certificate).

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

2.12. Acceptance/Rejection/Cancellation

The County reserves the right to accept or to reject any or all offers and to make the award to that respondent who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the offer of any respondent who has previously failed in the proper performance of an award, to deliver on time contracts of a https://procurement.opengov.com/portal/orangecountyfl/projects/120045/document?section=1093034

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation similar nature, or who, in the County’s opinion, is not in a position to perform properly under this award.

The County reserves the right to inspect all facilities of respondents in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-solicitation. Award will be made to the lowest responsive and responsible respondent as determined by the County.

The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

2.13. Brand Name or Equal / Deviations

Unless otherwise specified as required, the mention of a particular manufacturer’s brand name or part number in the specifications does not imply that this particular good is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of good that will be acceptable. Equal offers will be considered and must include descriptive literature and/or specifications.

The determination as to whether any alternate good or service is or is not equal shall be made solely by the County and such determination shall be final and binding upon all respondents. The County reserves the right to request and review additional information to make such a determination.

Although the County provides for the consideration of alternate offers, it reserves the right to make an award in the best interest of the County. Award may not necessarily be given to the lowest priced offer.

The Respondent shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items solicited and offered. Unless the offer is in response to a “Brand Name or Equal” requirement, deviations from the specifications will only be considered if requested in writing, via the question and answer module, prior to the submission deadline.

Deviations, if accepted, will be specifically addressed in writing via an addendum to this solicitation. Any goods or services that are not in compliance with the specifications will not be accepted.

2.14. Certification of Independent Price Determination

By submission of this offer, the Respondent certifies, and in the case of a joint offer each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other respondent or to any competitor; and, C. No attempt has been made or shall be made by the Respondent to induce any other person or respondent to submit or not to submit an offer for the purpose of restricting competition.

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

2.15. No Bid

Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.

Respondents are cautioned that indicating "NO BID" on solicitations requiring all-or-none offers may result in the offer being deemed non-responsive.

2.16. Bid Tabulation and Recommended Award

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801.

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the

Procurement Division at procurement@ocfl.net or by calling (407) 836-5635. Please specify the solicitation number for which you are inquiring. Solicitation public opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful Respondents will not be notified, unless a request is submitted in accordance with this paragraph.

2.17. References

Respondent shall supply (with the bid form) a list of at least three (3) client references successfully completed by the Respondent, within the last ten (10) years, immediately preceding the due date of bid submittal in response to this Invitation for Bids. Failure to provide this information may be cause for rejection of the bid.

Each client reference shall be listed with complete information as specifically provided on County’s provided reference form. The specific information on references must be provided on the reference form. Do not attach listings of reference information.

All Respondents must submit the requisite number of references. Each such reference must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

a. Each reference provided by the Respondent has up to date contact persons and contact information;

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://apps.ocfl.net/orangebids/bidresults/results.asp

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

b. The contact person provided for each reference is someone who has personal knowledge of the

Respondent’s performance during the referenced project; and

c. The contact person for each reference has been contacted by the Respondent regarding this specific bid submittal and such person confirmed their willingness to serve as a reference.

THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL REJECT ANY AND ALL REFERENCES

THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to follow up with – at minimum – the three (3) lowest Respondents for supplemental submission of references/similar projects. Any such opportunity to supplement or correct granted to a

Respondent by the County under this provision shall expire at 11:59pm county local time on the second full county business day after the day on which such Respondent received the County’s request for supplementation. There will be no additional time or consideration granted by the County thereafter.

Respondents found responsible under this “REFERENCES” section may still ultimately be deemed to be not responsible by the County due to other considerations including, but not limited to, other information provided in the Respondent’s bid submittal, as well as any history the Respondent may have of negative performance on previous County project(s). ULTIMATELY, THE DETERMINATION OF

WHETHER A RESPONDENT IS DEEMED RESPONSIBLE SHALL BE AT THE SOLE DISCRETION OF THE

COUNTY.

2.18. Posting of Recommended Award and Protests

The recommended award will be posted for review by interested parties at the Procurement Division and at:

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the

Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The County may void any contract where the County Mayor, one or more County Commissioners, or a

County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No.

2002-15.

Orange County Protest Procedures:

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings.

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

2.19. Offer and Related Costs

By submission of an offer, the Respondent agrees that any and all costs associated with the preparation of the offer will be the sole responsibility of the Respondent. The Respondent also agrees that the

County shall bear no responsibility for any costs associated with the preparation of the offer including, but not limited to, any administrative or judicial proceedings resulting from the solicitation process.

2.20. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

2.21. Public Entity Crime

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

2.22. Florida Convicted/Suspended/Discriminatory Complaints

By submission of an offer, the Respondent affirms that it is not currently listed in the Florida

Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

2.23. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All Respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of

Orange County. Further, all Respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its branches. Should the Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

2.24. Ethics Compliance

The following forms are included in this solicitation within the Contract Compliance Packet and shall be completed and submitted as indicated below:

• Relationship Disclosure Form – The purpose of this form is to document any relationships between a Respondents to an Orange County solicitation and the Mayor or any other member of Orange County, Florida. This form shall be completed and submitted with the applicable bid to an Orange County solicitation.

No contract award shall be made unless compliance forms have been completed and submitted. Any questions concerning these forms shall be addressed to the contact identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.25. Payment Terms/ Discounts

The County’s payment terms are in accordance with Florida Statute 218, Local Government Prompt

Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

2.26. Clarifications

It is the Respondent's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Respondent's must contact the Procurement Division using the contact information herein prior to the bid question/answer deadline, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Respondent and the County.

2.27. Pricing Errors

If an error is committed in the sub-total extension of an item or the overall total, the unit price as shown in the Respondent's submittal will govern.

Errors between any amount computed erroneously, and the correct amount thereof will be resolved in favor of the correct amount based on the unit price.

Any discrepancy between words and numbers will be resolved in favor of the written words.

2.28. Execution Of Written Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid Package and identified as the #Required Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the

County to this Respondent; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

https://procurement.opengov.com/portal/orangecountyfl/projects/120045/document?section=1093024

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

2.29. Trade Secret Information

Orange County is subject to the State of Florida’s broad public records laws. Therefore, all documents, materials, records, data, or any other information submitted as part of a solicitation response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

Section 815.045, Florida Statutes, makes trade secret information, as defined in Section 812.081, Florida

Statutes, confidential and exempt from disclosure under Florida public records law. However, please note the following:

A. A Respondent’s desire for privacy of particular information submitted to the County does not make such information trade secret information. Respondents cannot render public records exempt from disclosure as containing trade secret information merely by designating information it furnishes to the County as confidential. Only information that specifically meets the exemption in Section 815.045, Florida Statutes, should be designated as trade secret information by Respondents.

B. Any Respondent who fails to designate information contained in its solicitation response as trade secret information at the time of solicitation response submittal has not taken the required measures or made reasonable efforts to maintain such information’s secrecy and has therefore waived any right to assert trade secret protections for such information. The County will therefore not consider any Respondent’s request to designate information in a solicitation response as trade secret information that is made after the time of solicitation submittal.

The County is not soliciting, nor does it desire, the submission of any Respondent’s trade secret information as part of this solicitation response. Notwithstanding the foregoing, to the extent that a

Respondent finds it necessary to designate certain information in its solicitation response as being trade secret information, the Respondent shall attach the following items to its solicitation response:

A. Trade Secret Information Itemization Log. The Respondent shall create and attach to its solicitation response a “Trade Secret Information Itemization Log” that:

1. Clearly itemizes any and all information that the Respondent designates as confidential trade secret information.

2. Completes such itemization in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information.

3. Per item, provides the impacted submittal section/item number, a written explanation that comprehensively supports the Respondent’s classification of such information as trade secret information under state or federal law, and the legal citation under which such information is exempt and confidential from disclosure.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

B. Redacted Impacted Submittals. For each submittal that contains information designated by the

Respondent as trade secret information, the Respondent shall attach a redacted copy of such impacted submittal. Such redactions must include notations containing cross-references to the itemized trade secret information as submitted in the Trade Secret Information Itemization Log.

Redactions must be made in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information. Each redacted submittal copy must have a cover page and page header that is clearly marked as “REDACTED COPY”.

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable state or federal law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, the County is unable to accept broad designations of confidentiality or exemption from disclosure. Consequently, any such broad classification of trade secret information made by a Respondent may lead to its solicitation response being deemed non-responsive.

B. As a responsible steward of taxpayer funding and in the interest of transparency and accountability to the general public, the designation of the following information as trade secret information is not acceptable to the County and will therefore lead to a Respondent’s solicitation response being deemed non-responsive:

1. Any proposed rates, fees, or prices;

2. The total bid amount;

3. The general nature of the services rendered or goods being provided; and

4. Any information contained in the County’s solicitation documents, including the

Respondent’s answers to any of the questions in the bid response form (not including any impacted submittals).

Any Respondent that submits a solicitation response that in any manner asserts or suggests that information contained therein is the Respondent’s trade secret information hereby acknowledges and agrees to all of the following:

A. To the extent the County deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s solicitation response, the County and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as trade secret information. The County may make copies of, and distribute, the Respondent’s unredacted impacted submittals for the purposes of facilitating evaluation of such response.

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

B. For auditing purposes, the County may disclose the Respondent’s unredacted impacted submittals to the Orange County Comptroller’s Office and the County’s internal and external auditors. Additionally, should funding for the award be in any part provided by the State of

Florida or the Federal Government, the County may also disclose the Respondent’s unredacted impacted submittals to such entities for auditing purposes.

C. Trade secret information is not exempt under the broad open meetings provisions of Florida law. Accordingly, any information that the Respondent designates as trade secret information in its solicitation response may be openly discussed at public meetings that comply with Section

286.011, Florida Statutes. The County will, however, exclude or redact any such designated trade secret information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated trade secret information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Orange County, Florida, immediately, but no later than ten (10) calendar days from the date the Respondent receives written notification from the County that a request for information designated by the Respondent as trade secret information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated trade secret information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in the County’s release of the requested records.

E. The Respondent shall hold harmless and indemnify the County, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees

(including attorneys’ fees), or damages arising from or related to any designated trade secret information submitted or otherwise provided to the County by the Respondent, including but not limited to those arising from the County’s non-disclosure of such information in response to a public records request.

F. The protection afforded by section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by the County.

G. The confidentiality protections and records exemptions for any information designated by the

Respondent in its solicitation response as being trade secret information shall expire five (5) years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the

County reserves the right to follow up with Respondents to seek clarification and to request additional information regarding any Respondent’s confidential trade secret designations.

The Trade Secret Information Itemization Log can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

2.30. Anti-Human Trafficking

Respondents shall confirm that they do not engage in or permit the use of coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Failure to confirm shall deem the offer non-responsive.

Section 787.06(2), Florida Statutes, defines “coercion”, “labor”, and “services” as follows:

• “Coercion” means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

(4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

• “Labor” means work of economic or financial value.

• “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

Execution of any contract resulting from the award of this solicitation shall require respondents to attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Respondents are cautioned to review this form in detail as it is a firm requirement of the Contract. The Human Trafficking Affidavit can be found at on the County's

Forms and Resources website (https://www.ocfl.net/vfr).

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0893/Sections/0893.03.html https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Human%20Traffic%20Template.docx https://www.ocfl.net/vfr)

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

3. Scope of Services / Specifications

3.1. SCOPE OF SERVICES

1. OVERVIEW

The Contractor shall provide rental of various types of portable Heating, Ventilation and Air Conditioning (HVAC) equipment and generators. The HVAC equipment available to the County shall consist of portable air-cooled water chillers, related fittings, hoses, and pumps, spot coolers, package units, air handlers, cooling towers, and dehumidifiers. The Contractor shall also provide rental of transformers and diesel generators to be used for emergencies, temporary, supplemental, or standby power. Rental of equipment shall be turnkey service inclusive of but not limited to, delivery, setup, maintaining operational status (except re-fueling), decommissioning and removal from site.

The rental period shall be on an as-needed basis and may vary.

1. Standard Hours: The standard working hours are Monday through Friday, 6:00 AM to

6:00 PM, excluding Orange County holidays.

2. Non-Standard Hours: Non-standard working hours are Monday through Friday, 6:00

PM to 6:00 AM, weekends, and Orange County holidays.

The Contractor shall provide a 24-hour point of contact for non-standard working hours.

2. PERSONNEL

1. The Contractor shall maintain sole responsibility for the actions of its employees and subcontractors.

2. The Contractor shall identify a lead person or supervisor with whom the County

Representative may consult regarding contract performance throughout the entire contracted period to ensure his/her work will not conflict with the County’s normal operations and does not conflict with the County’s activities at sites where services are to be performed.

3. For the term of the contract, the Contractor’s designated supervisor shall be competent, and have thorough knowledge of the equipment to be installed. and the

Contractor’s designated supervisor shall be a skilled HVAC mechanic with a minimum of five

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation years’ experience. The Contractor’s designated supervisor shall be experienced with contracts providing services with equipment of similar sizes and types.

4. The Contractor shall immediately notify the County Representative if a supervisor or contact person is replaced. The name and telephone number of the replacement supervisor or contact person shall be provided at that time.

5. Only the Contractor employees shall perform the required services of the contract unless otherwise approved, in writing, by the County’s Representative. The Contractor shall not use employees of any temporary employment agency to supplement his work force in

County buildings for any reason.

6. Effective communication with the County staff and building occupants is required to perform this Scope of Services. Therefore, Contractor shall ensure supervisors and points of contact (including subcontractors) are able to read, write, and speak English fluently.

7. The Contractor shall ensure that all employees are clean, neat and appropriately attired during the performance of the services. The Contractor shall ensure that all employees are properly dressed in a uniform shirt displaying the company name/logo.

8. All personnel employed by the Contractor shall conduct themselves in a professional, business-like manner. Such personnel shall not, by word of mouth or deed, express themselves in such a manner as would be construed as conduct being obscene, harassing or offensive by a reasonable, sensitive person. Any such conduct shall be cause for removal from the facility.

9. All Contractor personnel, including subcontractors, shall identify themselves at the appropriate administrative office upon arrival on site and prior to beginning work and upon completion of work and leaving site.

10. The photo ID badge shall be displayed on the front of their uniform shirt at all times when on County property.

11. Employee leasing companies shall not be used.

12. All personnel providing services under this contract shall have a minimum of two

(2) years’ experience in the installation of temporary HVAC equipment, trade and any necessary licenses or certifications required to do the type of work to be performed under this contract.

M. Supervisory personnel providing services under this contract shall have a minimum of five (5) years’ experience in the installation of temporary HVAC equipment, trade and any necessary licenses or

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation certifications required to do the type of work to be performed under this contract.

3. SAFETY

A. The Contractor shall provide and ensure the wearing of necessary protective clothing, masks, eye protection, hearing protection, etc. as required by any applicable laws, regulations, ordinances, and/or manufacturer’s instruction.

B. All equipment used in the performance of these services shall be properly maintained and shall be subject to inspection by the County upon demand. Any equipment deemed faulty, inoperable, unsafe or improper for its intended purpose shall be moved from the County’s premises.

C. Prior to performing service or maintenance on any equipment where the unexpected energizing, startup, or release of stored energy could occur and cause injury, the equipment shall be isolated and rendered inoperative through the use of a lockout device whenever the equipment is capable of being locked-out.

4. PERFORMANCE

A. Maintenance work shall be scheduled to provide the least inconvenience to building occupants and visitors.

B. All workmanship shall meet the standards specified herein. All equipment, apparatus, and systems shall be rated, tested, fabricated, and installed with applicable standards of the; (1) industry, (2) equipment manufacturer, (3) applicable Federal and local standards and codes, and

(4) applicable building and safety codes, including, but not limited to:

o National Fire Protection Association (NFPA) o National Electric Code (NEC) o American Society of Heating, Refrigeration & Air- Conditioning Engineers (ASHRAE) o Florida Building Code o Occupational Safety and Health Act (OSHA)

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation o National Institute for Occupational Safety & Health (NIOSH)

C. All of the services required hereunder shall be performed by the Contractor or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized, licensed or permitted under state and local law to perform such services.

D. Any damage to County facilities or property due to the services performed by the

Contractor shall be the responsibility of the Contractor. Tool brands will not be permitted on any exposed materials, fittings or piping.

E. The County Representative, with advisement of the Contract Administrator, may request the Contractor remove any supervisor if it is determined that services are not being performed in accordance with the terms and conditions of this contract.

F. Work shall be scheduled to provide the least inconvenience to building occupants and visitors. The Contractor shall follow the directives of County Representative with respect to scheduling services and any deliveries under this contract.

G. The Contractor shall conform to all Federal, State, City, and Orange County standards and regulations during the performance of the contract. Any fines levied due to inadequacies or failure to comply with any and all requirements shall be the sole responsibility of the Contractor.

Any person found not in compliance with any laws, statutes, rules or regulations will not be allowed on the work site. Continued violations by a Contractor shall constitute cause for termination of the Contract. Matters of non-compliance will be referred to the Procurement

Division for appropriate action.

H. Services not performed in accordance with the content of this contract shall be considered unsatisfactory and unacceptable.

I. In the event of non-performance or unsatisfactory performance by the Contractor, or employees of (including subcontractors), the County's Representative shall have the right to exercise the following options:

1. Notify the Contractor of non-performance/unsatisfactory performance and allow

Contractor to correct such item of non- performance/unsatisfactory performance within a twenty-four (24) hour timeframe. Although the timeframe for making corrections may occur outside of the Contractor’s normal working hours, the

Contractor shall not receive any further compensation.

2. The Contract Administrator may request the Contractor remove any Supervisor or employee if it is a personnel-related issue.

Title: Emergency and Temporary Heating Ventilation Air Conditioning (HVAC) Equipment Rental and Installation

3. The County reserves the right to correct any item of non-performance/unsatisfactory performance by any means it deems necessary to ensure the effective operation of the County's facilities.

J. The County's Representative shall notify the Procurement Division of the unsatisfactory performance and or deficiencies in service that remain unresolved or reoccurring. The

Procurement Division may after appropriate notice, take necessary actions to address unsatisfactory performance up to and including termination for default.

K. When the Contractor completes work on a system or piece of equipment included in this contract, that system or piece of equipment shall be free of missing components or defects which would prevent it from functioning as originally intended and/or designed.

5. SECURITY AND IDENTIFICATION

A. Background checks for the Contractor’s staff shall be approved by the County prior to working in any County facility. All costs for background investigations shall be

Contractor's responsibility. The County reserves the right to conduct its own investigation and request any additional investigative background information of any personnel assigned to perform the services. The Contractor shall furnish, in writing, such information to the extent allowed by law, prior to commencement of services.

B. Contractor shall comply with the different security requirement for each County facility.

C. Background checks and additional security requirements are addressed in detailed in the

Scope of Service, Supplemental Information. The Contractor is responsible for reading, understanding, and application of all contract terms.

6. TRAVEL AND PARKING

A. The Contractor shall be responsible for all of its travel and per diem costs to and from the various County…